Radiculopathy & sciatica decisions — 2020

The Board has granted a TDIU, and the claims for increased ratings have been denied. The Veteran's erectile dysfunction claim was withdrawn by his representative.

The Veteran was granted a total disability evaluation based on individual unemployability (TDIU) beginning October 1, 2005. The appeal period began in June 2005 and the Veteran meets the schedular criteria for an award of TDIU during this entire period.

The Board has remanded the cases for further development due to a duty to assist error. The Veteran's right upper extremity radiculopathy and left upper extremity cervical radiculopathy claims are being reviewed.

The Veteran's claim for an increased rating for chronic low back strain is denied, while his claim for service connection for right lower extremity radiculopathy is remanded.

The Board has decided to remand the Veteran's claims for cervical radiculopathy due to lack of full service records and an inadequate VA examination. The Veteran needs to provide his National Guard service records, and a VA examination is required to determine if his current condition is related to in-service events.

The Veteran's claims for lumbosacral strain, cervical degenerative disc disease status post fusion, right upper and left upper extremity cervical radiculopathy, and bilateral knee osteoarthritis have been granted with effective dates of April 9, 2018.

The Veteran's appeal for an earlier effective date for a TDIU is remanded due to the need for further development and consideration of whether he was unemployable prior to September 5, 2017.

The Veteran's appeals for increased ratings have been dismissed due to his withdrawal of the claims.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus his TDIU claim is denied.

The Board has remanded the Veteran's claims for bilateral carpal tunnel syndrome, a back disability (including scoliosis), and a nerve disability (including sciatica) due to incomplete development of the record.

The Veteran's claim for an increased rating for his service-connected sciatic nerve involvement, left lower extremity was denied as the evidence did not show symptoms consistent with moderately severe incomplete paralysis or worse.

The Board has reopened the Veteran's claims for service connection for right arm disorder and low back disorder with radiculopathy, but has remanded her claims for service connection for vestibular disorder (vertigo), right hip disorder, left knee disorder, and right ankle disorder.

The Board has granted the Veteran's TDIU and SMC at the housebound rate from December 14, 2018 to March 31, 2019. The effective date for these benefits is not specified in this decision.

The Veteran's bilateral hip disorder, diagnosed as lumbar radiculopathy of the bilateral lower extremities, is granted as secondary to his service-connected lumbar spondylosis.

The Veteran's claims for increased ratings for his cervical spine disability and left upper extremity radiculopathy have been denied. The VA determined that the evidence did not support a higher rating based on functional loss or impairment due to pain, weakness, fatigability, or incoordination.

The Veteran's claim for TDIU was denied as there is no evidence that her service-connected disabilities, including PTSD and other conditions like sciatica and tinnitus, rendered her unable to secure or follow a substantially gainful occupation prior to November 4, 2009. From November 4, 2009 onwards, the Veteran's TDIU claim was denied as she had a single service-connected disability (PTSD) rated at 100%, and other disabilities that did not render her unemployable.

The Veteran's service-connected disabilities, including his low back disability, limited his capacity for activity and sitting sufficiently to make him unable to secure or follow a substantially gainful occupation from November 29, 2014. The Board granted a TDIU from that date.

The Board denied the Veteran's claims for increased ratings for left wrist strain and migraine headaches, but granted a 30 percent rating for migraine headaches effective October 14, 2016. The Board also denied service connection for sciatica, back disability, and left ankle disability.

The Veteran's cervical spine condition and bilateral upper extremity radiculopathy are being remanded for further evaluation. The lumbar spine condition, right lower extremity neuropathy, left lower extremity sciatica, and TDIU issues remain on appeal.

The Veteran's thoracolumbar spine disability is now rated at 40 percent from January 21, 2020.,Radiculopathy affecting the right femoral nerve was granted a 10 percent rating effective August 4, 2016.